Divorce on phone

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

I have two questions.

 

Firstly can a Husband give his wife `talaak` over the phone?

 

Secondly can the wife refuse to live with her Husband because her Husband physically & verbally abused her on a daily basis, over the past 38 years,?

 

If this lady decides to move out of her marital home, she does not go to any house, but only to her son`s house. There is no wrong doing on the motherís part, if she decides to live with her son instead of the abusive husband. ?

 

One little point is that lady in question is 63 years old & stuck by her husband for 38 years of marriage, no matter what bad habits he had. This lady only decided to move to her own son`s house when her own health was at risk.

 

Islam is peace loving forgiving religion. Thinking about Allah gives you a calm, relaxed & happy feeling; I speak from a position of actually experience of the presence of Allah. This has happed twice in my life & just thinking about my presence in front of Allah, makes me realise that we are humble. We are just a small component in Allahís great scheme of things.

 

I look forward to receiving a reply, in order to give an Islamic view.

 

This may enable my Mother to decide the rights or wrongs of her current position.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Divorce on Phone

In the name of Allah, We praise Him, seek His help and ask for His  forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol,no person,no grave, no prophet,no imam,no dai,nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

Your question: Firstly can a Husband give his wife `talaak` over the phone?

Yes,it is legal and acceptable for a husband to give divorce to his wife over the phone.

 

Your question: Secondly can the wife refuse to live with her Husband because her Husband physically & verbally abused her on a daily basis, over the past 38 years,?

As long as she remains the wife of the man,she must give all the rights that are due from a wife to her husband;and simultaneously the husband must give her all the rights that are due to a wife.If any one of the parties is not giving their due rights,they will be held accountable in the Just Court of Allah Subhanah on an Inevitable Day.

 

If the husband is physically and verbally abusing his wife,the wife is well within her rights to initiate a divorce against such an unjust husband;and there will be no sin upon her for doing so.

 

Your question: If this lady decides to move out of her marital home, she does not go to any house, but only to her son`s house. There is no wrong doing on the motherís part, if she decides to live with her son instead of the abusive husband. ?

As a mother has every right to live in her sonís house,and the son must accept this opportunity to serve his mother as a blessing and a means to earn a huge reward from Allah Subhanah.

 

But as a wife,she must give all the rights that are due to her husband;and it would not be appropriate that she separates from her husband and denies him his rights.†† If the husband is abusive and does not respect and honor his wife as a believer should,then he will be held severely accountable in the Just Court of Allah Subhanah on an Inevitable Day!††† If she wishes to separate from her abusive husband,then it would be best for her to seek a divorce and then live with her son.†† That would be purer and better for her.††

 

Whatever written of Truth and benefit is only due to Allahís Assistance and Guidance, and whatever of error is of me.Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 

 
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